THE COUNCIL OF THE CITY OF NEW YORK - NYC.gov
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
THE COUNCIL OF THE CITY OF NEW YORK Hon. Corey Johnson Speaker of the Council Hon. Keith Powers Chair, Committee on Criminal Justice Hon. Vanessa Gibson Chair. Subcommittee on Capital Budget Report of the Finance Division on the Fiscal 2019 Preliminary Budget and the Fiscal 2018 Preliminary Mayor’s Management Report for the Department of Correction March 15, 2018 Finance Division Jin Lee, Financial Analyst Eisha Wright, Unit Head Latonia McKinney, Director Nathan Toth, Deputy Director Regina Poreda Ryan, Deputy Director Paul Scimone, Deputy Director
Finance Division Briefing Paper Department of Correction Contents Department of Correction Overview ...................................................................................................... 1 Fiscal 2019 Preliminary Budget Overview .............................................................................................. 2 Financial Plan Summary .......................................................................................................................... 2 Contract Budget ...................................................................................................................................... 5 Miscellaneous Revenue .......................................................................................................................... 6 Facilities Overview .................................................................................................................................. 6 Inmate Population .................................................................................................................................. 7 Reform Efforts and Oversight ................................................................................................................. 8 14-Point Anti-Violence Reform Agenda.................................................................................................. 9 Closing Rikers .......................................................................................................................................... 9 Smaller, Safer, Fairer: A Roadmap to Closing Rikers Island .................................................................. 10 Raise the Age ........................................................................................................................................ 10 State Commission of Correction ........................................................................................................... 11 Department of Correction Workforce .................................................................................................. 12 Program Areas ...................................................................................................................................... 18 Jail Operations .................................................................................................................................. 18 Operations – Rikers Security and Operations................................................................................... 20 Operations – Infrastructure and Environmental Health .................................................................. 23 Health and Programs ........................................................................................................................ 24 Operations – Hospital Prison Ward .................................................................................................. 27 Administration – Academy and Training .......................................................................................... 27 Administration – Management and Administration ........................................................................ 28 Capital Program .................................................................................................................................... 29 Fiscal 2019 Preliminary Capital Budget and Commitment Plan for Fiscal 2018-2022 ..................... 29 Fiscal 2019 Preliminary Capital Plan Highlights ................................................................................ 32 Appendices ........................................................................................................................................... 34 A: Budget Actions in the November and the Preliminary Plans ....................................................... 34 B: DOC Contract Budget ................................................................................................................... 34 C: Program Areas .............................................................................................................................. 35 Jail Operations ............................................................................................................................... 35 Operations – Rikers Security and Operations ............................................................................... 36 Operations – Infrastructure & Environmental Health................................................................... 37 Health and Programs ..................................................................................................................... 38 i
Finance Division Briefing Paper Department of Correction Operations – Hospital Prison Ward ............................................................................................... 38 Administration – Academy and Training ....................................................................................... 39 Administration – Management and Administration ..................................................................... 40 D: Fiscal 2018 Preliminary Mayor’s Management Report................................................................ 41 ii
Finance Division Briefing Paper Department of Correction Department of Correction Overview The Department of Correction (DOC or the Department) provides for the care and custody of inmates 16 years of age and older, who are accused of crimes or convicted to terms of one year or less. The Department manages the City’s 14 correctional facilities that include ten on Rikers Island; four borough jails (Brooklyn, the Bronx, Queens, and Manhattan); court pens in each of the five boroughs; and two hospital prison wards. Additionally, the Department provides for the transportation of inmates between the courts and correctional institutions, and maintains buildings and structures under its jurisdiction. DOC processes over 58,000 admissions and releases annually, and manages an average daily inmate population of approximately 9,200 individuals. DOC has seven different program areas. Operations - Jail Operations Rikers Security & Operations Operations - Operations - Infrastructure & Health and Hospital Prison Environmental Programs Ward Health Administration - Administration - Management & Academy & Administration Training This report provides a review of DOC’s Preliminary Budget for Fiscal 2019 and the Fiscal 2018 Preliminary Mayor’s Management Report (PMMR). The first section presents significant highlights of the $1.4 billion Fiscal 2019 Preliminary Budget, miscellaneous revenue, and other areas of focus such as uniform overtime and headcount. The report follows with a presentation of the Department’s budget by program area and reviews relevant sections of the PMMR for Fiscal 2018. This report then reviews the Fiscal 2018-2022 Preliminary Capital Commitment Plan. Finally, the appendices present budget actions in the November 2017 and Preliminary Plans for Fiscal 2018-2022, DOC’s Contract Budget, and a reconciliation of program areas to units of appropriation. Also included is a discussion of reports provided to the Council by the DOC, pursuant to two Terms and Conditions included in the Fiscal 2018 Adopted Budget. 1
Finance Division Briefing Paper Department of Correction Fiscal 2019 Preliminary Budget Overview The Department of Correction’s Fiscal 2019 Preliminary Budget totals $1.4 billion, including $1.2 billion for personal services (PS) budget and $169.6 million for the other than personal services (OTPS) budget. The Fiscal 2019 Preliminary Budget decreases by $40 million, or approximately three percent, when compared to the Fiscal 2018 Adopted Budget. Of the total decrease, $37.7 million, or 94 percent, is due to a decrease in the Jail Operations program area. The PS budget decreases by $30.4 million, and the OTPS budget decreases by $9.6 million. The PS budget comprises 88 percent of the Department’s Fiscal 2019 Preliminary Budget, while the OTPS budget comprises 12 percent of the total budget. The chart below provides a breakdown of DOC’s budget by PS and OTPS for actuals for Fiscal 2016 and 2017, the Fiscal 2018 Adopted Budget, and Fiscal 2018 and Fiscal 2019 Budgets as of the Preliminary Plan. The average for Fiscal 2016 and 2017 is $1.3 billion. When comping the average expenditure to the Fiscal 2019 Preliminary Budget of $1.4 billion, DOC’s budget increased by $66.4 million. DOC Expense Budget $1,400,000 $1,200,000 $1,000,000 $ in Thousands $800,000 $600,000 $400,000 $200,000 $0 Actual Actual Adopted 2018 2019 2016 2017 2018 Preliminary Plan PS $1,139,493 $1,182,696 $1,265,317 $1,260,303 $1,234,920 OTPS 168,140 185,945 179,171 189,392 169,573 Highlights of DOC’s Fiscal 2019 Preliminary Budget Budget Actions. Since the Adoption of Fiscal 2018 Budget, the Department of Correction has identified $13.8 million in new needs and $8.6 million in other adjustments for Fiscal 2018, and $23.5 million in new needs and $55.2 million in other adjustments for Fiscal 2019. Jail Closure. Due to the decline of the jail population, the DOC plans to shutter the George Motchan Detention Center (GMDC) on Rikers Island. Closure will produce a budgetary savings of $55.2 million in Fiscal 2019 and an associated 698 position reduction in budgeted headcount. Miscellaneous Revenue. The Preliminary Plan projects that DOC will generate Miscellaneous Revenue totaling $21.4 million in Fiscal 2019, including $13 million from commissary funds and $7.7 million from other, of which $5 million is expected to be from inmate telephone fees. Financial Plan Summary The chart below provides a financial summary of DOC’s Fiscal 2016 and 2017 actual expenditure, Fiscal 2018 Adopted Budget, the Fiscal 2018 Budget as of the Preliminary Plan and the Fiscal 2019 2
Finance Division Briefing Paper Department of Correction Preliminary Budget. The financial summary shows the budget by program area, as defined by the “Budget Function Analysis” report prepared by the Office of Management and Budget (OMB), funding source, and the budgeted headcount by uniform and civilian. DOC Financial Summary Dollars in Thousands 2016 2017 2018 Preliminary Plan *Difference Actual Actual Adopted 2018 2019 2018 - 2019 Budget by Program Area Jail Operations $1,035,658 $1,039,032 $1,202,745 $1,199,923 $1,165,049 ($37,697) Operations-Rikers Security & Ops 44,695 46,610 32,750 35,788 32,750 0 Operations-Infrastr. & Environ. Health 57,770 66,181 41,993 42,414 42,448 455 Health and Programs 29,552 41,614 49,216 50,734 49,071 (145) Operations-Hospital Prison Ward 19,764 20,243 13,753 13,753 13,753 0 Administration-Academy and Training 41,836 53,555 23,024 23,296 20,049 (2,976) Administration-Mgmt & Administration 78,357 101,406 81,006 83,786 81,374 368 TOTAL $1,307,633 $1,368,641 $1,444,488 $1,449,694 $1,404,493 ($39,995) Funding City Funds $1,434,181 $1,437,804 $1,394,171 ($40,010) Other Categorical 0 979 0 0 Capital- IFA 778 778 778 0 State 1,109 1,109 1,109 0 Federal - Other 8,327 8,327 8,327 0 Intra City 93 697 108 15 TOTAL $1,307,633 $1,368,641 $1,444,488 $1,449,694 $1,404,493 ($39,995) Budgeted Headcount Full-Time Positions - Uniform 9,832 10,862 10,420 10,427 9,967 (453) Full-Time Positions - Civilian 1,569 1,729 2,172 2,195 2,202 30 TOTAL 11,401 12,591 12,592 12,622 12,169 (423) *The difference of Fiscal 2018 Adopted Budget compared to Fiscal 2019 Preliminary Budget. The Department of Correction’s Fiscal 2019 Preliminary Budget totals $1.4 billion (including City and non-City funds). The DOC’s Fiscal 2019 Preliminary Budget is $39.9 million less than the Fiscal 2018 Adopted Budget of $1.44 billion, a decrease of three percent. The $39.9 million decrease is largely due to a $37.7 million decrease in funding for the Jail Operations program area. Since the Fiscal 2018 Adopted Budget, the November and Preliminary Plans have introduced several changes to DOC’s Fiscal 2018 and 2019 Budgets. For Fiscal 2018 these include $13.8 million in new needs, offset by a decrease of $8.6 million in other adjustments due to the planned closure of GMDC on Rikers Island. For Fiscal 2019, changes include $23.5 million in new needs, of which $13.9 million is for additional staff for specific housing units, offset by a decrease of $55.2 million in other adjustments. The above actions reconcile DOC to its current budget of $1.44 billion for Fiscal 2018 and $1.4 billion for Fiscal 2019, see Appendix A for all budget actions introduced in the November and Preliminary Plans. 3
Finance Division Briefing Paper Department of Correction Operations-Infrastr. DOC Fiscal 2019 Budget by Program Area & Environ. Health 3% Operations-Rikers Security & Ops 2% Health and Programs 4% Operations-Hospital Prison Ward 1% Jail Operations 83% Administration-Academy and Training 1% Administration-Mgmt & Administration 6% Fiscal 2019 Headcount Breakdown by Program Area Operations-Rikers Security & Ops 3% Operations-Infrastr. & Environ. Health 2% Health and Programs Jail Operations 2% 85% Operations-Hospital Prison Ward 1% Administration-Academy and Training 1% Administration-Mgmt & Administration 6% Funding for Jail Operations accounts for 83 percent of the Department’s total Fiscal 2019 Budget. The majority of Jail Operations funding is for full-time salary and overtime for uniform staff (81 percent). Additionally, 85 percent of DOC staff are under the Jail Operations program area. This is aligned with the headcount breakdown by program area. Budgeted uniform headcount for Fiscal 2019 decreased by 453 positions, or 4.3 percent, to 9,967. This is offset by a civilian headcount increase by 30 positions to 2,207, for a net total decrease of 423 positions since the Fiscal 2018 Adopted Budget. For uniform staff, a majority of the decrease in headcount is due to savings from the closure of GMDC on Rikers Island. The Fiscal 2018 headcount increased by 30 positions since the Fiscal 2018 Adopted Budget. This is due to the Department adding 13 positions for the CARE Unit expansion and 17 positions for expanded transportation services to Rikers Island for visitors. 4
Finance Division Briefing Paper Department of Correction DOC Budget & Inmate Population $1.60 $1.45 16,000 13,362 $1.36 13,049 12,790 $1.29 $1.40 12,287 14,000 11,827 $1.15 $1.20 11,408 12,000 $1.01 $1.04 $1.07 $1.00 $1.08 Inmate Population $1.10 10,240 $1.00 10,000 $ in billions 9,790 9,133 9,500 $0.80 8,000 $0.60 6,000 $0.40 4,000 $0.20 2,000 $0.00 0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018* DOC Expenditures Inmate Population (ADP) Source: OMB; DOC; Comptroller’s office *Note: Fiscal 2018 ADP is from first 6 months of FY18; Fiscal 2018 expenditure is not actuals, but budgeted as of the Fiscal 2019 Preliminary Plan. While the average daily inmate population (ADP) has decreased over the years, DOC’s expenditures have actually increased. The ADP during the first six months of the current fiscal year was 9,133, the lowest in at least nine years, while the budget stands at an all-time high of $1.45 billion. The Fiscal 2019 Preliminary Budget is just $39.9 million less than the Fiscal 2018 Adopted Budget, slightly below its all-time high. Considering the Administration’s goal of reducing inmate population to 5,000, DOC’s budget brings into question whether current budgeting practices are aligned with the goal. Contract Budget The New York City Charter mandates Training the preparation of a Contract Budget Program for Fiscal 2019 Contract Budget City to identify expenditures for Employees Other contractual services, which are 3% 2% defined as any technical, consultant Telecommunic or personnel service provided to the ations City by means of a contract. The Maintenance Contract Budget is actually a subset 10% Contractual of the OTPS portion of the City’s Services - Expense Budget. The Administration Maintenance General prepares a Contract Budget twice and Repairs - 61% each fiscal year. The Fiscal 2019 General 24% Preliminary Contract Budget totals $15.6 billion for procurement expenditures across all agencies. The Department’s Fiscal 2019 Contract Budget totals $62.3 million for 62 contracts, accounting for 37 percent of the Department’s 5
Finance Division Briefing Paper Department of Correction OTPS budget and 4.4 percent of its total budget. Contracts for contractual services – general accounts for 61 percent of DOC’s total contract budget for Fiscal 2019. This includes contracts for programs such as I-CAN (Individualized Correction Achievement Network), Friends of Island Academy, Horticultural Training Program, and Workforce Transitional Programming. Of the seven program areas, Health and Program’s Contractual Budget accounts for 34 percent of the Department’s total Fiscal 2019 Contracts Budget. Miscellaneous Revenue The Department of Correction collects revenue from jail commissary operations, vending machines and surcharges on inmate telephone calls. Commissary funds are generated by the sale of commissary goods. The revenue is recognized in the Miscellaneous Budget (Agency 098) and is not included in the “funding” section of DOC’s Financial Plan Summary on page 3. The chart below provides actual revenue for Fiscal 2016 and 2017, and projected revenue for Fiscal 2018 and 2019. DOC plans to collect approximately $20.5 million in miscellaneous revenue in Fiscal 2018 and $21.4 million in Fiscal 2019. Of the approximately $7.7 million in “other” miscellaneous revenue projected for Fiscal 2019, $5 million, or 65 percent, is expected to be collected from inmate telephone fees. The Department collected $22.6 million in Fiscal 2017, a 0.8 percent increase when compared to Fiscal 2016. DOC Miscellaneous Revenue Budget Overview Dollars in Thousands 2016 2017 2018 Preliminary Plan *Difference Revenue Sources Actual Actual Adopted 2018 2019 2018 - 2019 Vending Machine $361 $437 $660 $660 $660 $0 Commissary Funds 13,591 14,275 13,000 13,000 13,000 0 Other 8,493 7,901 6,874 6,874 7,725 851 TOTAL $22,446 $22,612 $20,534 $20,534 $21,385 $851 *The difference of Fiscal 2018 Adopted Budget compared to Fiscal 2019 Preliminary Budget. Facilities Overview Most of the inmates in DOC custody are housed on Rikers Island, which has 10 jails, and has an operating capacity of 11,741 as of July 28, 2017. The borough facilities have an operating capacity of 2,527. Below is a breakdown of current housing type and capacity, disaggregated by Rikers Island and borough facilities. Rikers Island Facilities Housing Type Capacity Anna M. Kross Center Detained Male Adults 2,779 Robert N. Davoren Center Detained Male Adolescents 1,118 Eric M. Taylor Center Sentenced Male Adults & Adolescents 1,851 George Motchan Detention Center Detained Male Adults 1,284 George R. Vierno Center Detained Male Adults 1,011 James A. Thomas Center* Closed 0 North Infirmary Command Inmates Requiring Infirmary Care 475 Otis Bantum Correctional Center Detained Male Adults 1,520 Rose M. Singer Center Detained & Sentenced Female Adults & Adolescents 1,563 West Facility Inmates with contagious diseases 140 Rikers Island Sub-total 11,741 6
Finance Division Briefing Paper Department of Correction Borough Facilities Brooklyn House of Detention Detained Male Adults 759 Queens House of Detention* Closed 0 Manhattan Detention Center Detained Male Adults 898 Vernon C. Bain Center Male & Females Requiring Psych or Med. Treatment 870 Borough Sub-total Detained Male Adults 2,527 Max. Operating Capacity 14,268 *closed facility/alternate use Inmate Population In Fiscal 2017, the average daily population (ADP) Racial Breakdown of Inmates was 9,500, with total admissions of 58,226 and Fiscal 2017 Asian total discharges of 58,981. As of February 1, 2018, 2% the ADP is 9,133. The average age of an inmate Other admitted to DOC is 35.7 years old for men, and 4% 35.6 years old for women. The average length of White stay is 63 days. In Fiscal 2017, the racial African- 7% breakdown of inmates was as follows: 53 percent American 53% African-American; 33.7 percent Latino; and 7.4 percent white. The chart on the right provides a detailed overview of racial breakdown of Latino inmates. 34% Number of Individuals Admitted Fiscal 2017 During Fiscal 2017, there were 9,212 individuals Other admitted to DOC. Of the total, 7,012, or 76 9% percent, were pre-trial detainees. The chart on the left provides a breakdown of City-sentenced, City Sentenced pre-trial detainee, and other, which includes, but 15% is not limited to, state-sentenced population awaiting transfer, and court ordered, state Detainee inmates testifying at NYC trials. The chart below 76% provides a breakdown of DOC’s special inmate population. Inmates in the Security Risk Group (SRG) historically have been disproportionately involved in violence, and were involved in nearly 70 percent of incidents and 71 percent of stabbings and slashings in Fiscal 2017.1 1 Fiscal 2017 Mayor’s Management Report: http://www1.nyc.gov/assets/operations/downloads/pdf/mmr2017/doc.pdf 7
Finance Division Briefing Paper Department of Correction Special Inmate Population Fiscal 2017 100% 90% 80% 70% 72.5% 60% 75.2% 69.5% 11.0% 50% 40% 30% 20% 43.2% 10% 24.5% 14.7% 1.8% 0% Adolescents (16-17 y/o) Mentally Ill Inmates High Custody Inmates SRG (or Gang) ADP Involvement in Jail Incidents Source: DOC ADP by top arrest charge in Fiscal 2017 was as follows: robbery (12.2 percent); murder/attempted murder/manslaughter (10.8 percent); other felonies (9.2 percent); warrants/holds (nine percent); assault (eight percent); and drug felony sale (7.8 percent). More details are shown on the chart below. ADP by Top Arrest Charge Fiscal 2017 Loiter/Prostitution Violations Missing Other Misd Weapons Vehicular Rape/Att Rape Drug Misd Other Sexual Offenses Misd Assault Misd Larceny Grand Larceny Other Misd Weapons Burglary Drug Fel Possess Drug Fel Sale Assault Warr/Holds Other Felonies Murder/Att Murder/Manslter Robbery Source: DOC 0 200 400 600 800 1,000 1,200 1,400 Reform Efforts and Oversight The Council has called for fundamental criminal justice reform, including the closure of Rikers Island. In order to improve conditions and safety in DOC facilities, the Department has introduced various reform efforts such as the 14-Point Plan as a result of the Department of Justice (DOJ) lawsuit, and in response to the Council’s push, the Mayor created a taskforce to close Rikers Island. The following 8
Finance Division Briefing Paper Department of Correction sections walk through efforts that the Council, the Administration, and the State have taken in order to address the violence on Rikers Island: the 14-Point Plan; Independent Commission NYC Criminal Justice and Incarceration Reform; Mayor’s taskforce to close Rikers Island; Raise the Age legislation; and the State Correction of Commission. 14-Point Anti-Violence Reform Agenda In Fiscal 2016, Pursuant to the 2015 Nunez v. City of New York settlement, the DOC launched a 14- Point Plan to reform Rikers to combat violence and promote a culture of safety on Rikers Island. At the core of the 14-Point Plan are five major initiatives to reduce violence and nine additional initiatives to help move DOC toward a culture of safety by creating and expanding common-sense managerial and operational practices to strengthen performance, accountability, ownership and transparency. The five main initiatives are as follows: keeping weapons, drugs and contraband out of Rikers, including visitor reforms; Creating an integrated classification and housing strategy to more safely house inmates; Providing comprehensive security camera coverage; Designing effective inmate education opportunities and services to reduce idle time; and Developing crisis intervention teams to respond more quickly to inmate-on-inmate violence. The chart below shows the most up-to-date funding available for Fiscal 2019 for the 14-Point Plan. According to the Department, all of the initiatives are still ongoing, however, the comprehensive security camera coverage is complete. DOC's 14-Point Plan Reform Agenda Dollars in Thousands Fiscal 2019 14 Point Plan - Idleness reduction $10,955 14 Point Plan - Targeted Training 1,208 14 Point Plan - Classification 2 14 Point Plan - Emergency Service Unit 150 14 point plan - Entry Point 112 14 Point Plan - Investigations Division 186 14 Point Plan - Leadership & Culture 0 14 Point Plan - Operational Performance 7 14 Point Plan - Project Management 7 14 Point Plan - Public Relations 42 14 Point Plan - Recruitment & Hiring 668 14 Point Plan - Staff Performance Manage 197 14 Point Plan - Supplies & Inventory 259 Sub Total $13,793 Closing Rikers The Independent Commission on NYC Criminal Justice and Incarceration Reform (the Commission), chaired by former New York State Chief Judge Jonathan Lippman, made a set of recommendations for reducing the population of Rikers Island and improving safety at nearly every step of the criminal justice process in April 2017. The Commission called for closing Rikers Island, the building state-of- the-art jails in all five boroughs located closer to the courts, investing in a new training academy, and reforms at multiple stages of the criminal justice process. The Administration has since agreed with 9
Finance Division Briefing Paper Department of Correction the Commission’s and the Council’s call to close Rikers and has established a task force to guide related policy decisions. Smaller, Safer, Fairer: A Roadmap to Closing Rikers Island On June 22, 2017, the Administration released: “Smaller, Safer, Fairer: A Roadmap to Closing Rikers Island,” formed a Justice Implementation Task Force, and announced a $30 million investment in programs to safely reduce the size of the City’s jail population. The plan also includes steps to expand services and renovate facilities to ensure that those who work and are incarcerated in City jails have safe and humane conditions as quickly as possible. At the same time, the City will being the process of renovating and developing jails off Rikers Island. The complete roadmap is available at https://rikers.cityofnewyork.us/ The roadmap includes 18 steps to close Rikers Island and replace it with a smaller network of modern, safe, and humane facilities. The initiatives focus on three goals: 1. Smaller. To reduce the ADP to 7,000 by a) reducing the number of people who enter the jails, and b) reducing the amount of time people spend in the jails; 2. Safer. To ensure safe, human and productive environments for staff and incarcerated individuals as quickly as possible; and 3. Fairer. To provide staff and incarcerated individuals with paths to success. To ensure effective implementation of the roadmap, the City launched a Justice Implementation Taskforce, chaired by Elizabeth Glazer, Director of the Mayor’s Office of Criminal Justice (MOCJ), and Zachary Carter, Corporation Counsel of the City of New York. The taskforce includes three working groups that focus on safely reducing the jail population; improving culture for both staff and incarcerated individuals; and designing and siting safe, modern and humane jails.2 The Taskforce and its working groups began meeting in late 2017. Additionally, the MOCJ has recently awarded a contract to Perkins Eastman to study borough-based jails. Raise the Age On April 10, 2017, the State passed the “Raise the Age” legislation into law as part of the State Budget. As a result, the age of juvenile accountability is raised for 16 year olds, effective October 1, 2018, and for 17 year olds, effective October 1, 2019. Prior to this change, the Independent Commission on NYC Criminal Justice and Incarceration Reform, and the Council’s Fiscal 2018 Preliminary Budget Response called on the Administration to immediately remove all adolescents off Rikers Island. One component to Raise the Age is that no youth under 18 will be held at Rikers by April 1, 2018, and as of October 1, 2018, a full prohibition against youth under the age of 18 being held at Rikers will be in effect. The City plans to renovate Crossroads Juvenile Center, located in Brooklyn, and Horizon Juvenile Center, located in the South Bronx, to maximize the existing facilities’ operational capacity, enhance programming, recreational and educational space. According to the Mayor’s Office of Criminal Justice (MOCJ), the City has already started $55 million of planned renovations to the two facilities. Since passage of Raise the Age, the City has formed working groups to implement the legislation change. 2 http://www1.nyc.gov/office-of-the-mayor/news/427-17/mayor-de-blasio-smaller-safer-fairer--roadmap-closing-rikers-island- 10
Finance Division Briefing Paper Department of Correction As of the Fiscal 2018 November Plan, there is $1.7 million in MOCJ’s budget for the Raise the Age consultant. The funding will enable the Mayor’s Office of Criminal Justice (MOCJ) to work with the Center for Court Innovation (CCI), the Vera Institute for Justice, and Bennett Midland to assist with the compliance of the raise the age legislation. The consultants will assist MOCJ and other relevant City agencies with operations and strategy advice, research analytics, and developing a communication strategy around the raise the age legislation. MOCJ expects the City will be working with the consultants until October 2018. State Commission of Correction The State Commission of Correction (the Commission) is legally charged to regulate, supervise, and inspect the operation of local jails to ensure and enforce compliance with state law. The Commission is legally empowered to advise local facilities of any legal or regulatory violations and require remedial actions to correct any such violations. The Commission is also empowered to close local facilities deemed out of legal compliance. The Commission is empowered to do on-site inspections and to interview any administrators, staff, or inmates in said facilities. Since the 2014 report of the U.S. Attorney’s Office for the Southern District of New York, the Commission dedicated additional resources to its oversight of DOC. On February 14, 2018, the State Commission of Correction released a report “The Worst Offenders: The Most Problematic Local Correctional Facilities of New York State. The Commission conducted on-site inspections, interviews, and investigations on a number of local facilities, including Rikers Island. According to the Commission, Rikers Island is determined as one of the “worst offenders” for being in violation of state law.3 According to the Commission, even though DOC houses less than half of the inmate population confined in county jails throughout the state, the number of reported significant incidents for Rikers Island is generally far greater, with regard to violent incidents, such as assaults, sex offenses, and facility disturbances. The report states that the number of such reported incidents has, for most significant categories, increased from 2016 to 2017. The Commission’s review of inmate mortality cases includes numerous instances where a death was attributable to deficient medical care, substandard mental health services, or inadequate custody and supervision by security staff. Comprehensive physical plant evaluations of the Rikers Island facilities have exposed conditions that are unsecure, unsanitary and dangerous, for staff and inmates alike. As a result, the Commission charges that it is now time for the Commission to examine steps to expeditiously close Rikers and to ensure that the constitutional rights of inmates and staff are protected. The chart on the next page shows significant incidents reported by Rikers Island facilities from 2016 to 2017, by incident category. Comparing 2017 to 2016, Rikers Island facilities experienced significant increases in the number of inmate group/gang assaults and inmate/personnel assaults, while seeing the number of reported individual inmate disturbances double and reported minor disturbances nearly triple. Reported sexual offenses, in both the inmate/inmate and personnel/inmate categories, both experienced an increase of 66 percent, and 11 percent from 2016 to 2017, respectively. Overall, incidents on Rikers Island increased 59 percent from 2016 to 2017. 3 http://www.scoc.ny.gov/pdfdocs/Problematic-Jails-Report-2-2018.pdf 11
Finance Division Briefing Paper Department of Correction Incident Category 1/1/16-11/25/16 1/1/17-11/25/17 % change Fire/Arson 2 6 200% Fire/Non-arson 1 2 100% Hospital Admission of Inmate 5 123 2300% Individual Inmate Disturbance 1,209 2,547 110% Inmate Accidental Injury 21 26 23% Inmate Attempted Suicide 3 9 200% Inmate Contagious Illness 1 3 200% Inmate Group Action 20 17 -15% Inmate Group/Gang Assault 55 143 160% Inmate Self-Inflicted Injury 13 6 -54% Inmate/Inmate Assault 1,204 1,048 -13% Inmate/Inmate Sexual Offense 29 48 66% Inmate/Personnel Assault 1,104 1,479 34% Inmate/Personnel Sexual Offense 7 3 -57% Inmate/Visitor Assault 1 4 300% Inmate-Introduced Contraband 223 491 120% Major Disturbance 31 31 0% Major Maintenance/Service Disruption 3 2 -33% Minor Disturbance 355 1,045 194% Personnel Accidental Injury 7 0 0% Personnel Death 4 2 -50% Personnel/Inmate Assault 205 286 40% Personnel/Inmate Sexual Offense 90 100 11% Personnel-Introduced Contraband 5 3 -40% Unknown Source-Contraband 203 248 22% Visitor Assault 5 2 -60% Visitor-Introduced Contraband 144 194 35% TOTAL 4,950 7,868 59% Department of Correction Workforce The Fiscal 2019 Preliminary Budget supports a workforce of 12,169 positions, 423 positions less when compared to the Fiscal 2018 Adopted Budget. This includes 9,967 uniform positions and 2,202 civilian positions, with uniform positions comprising 82 percent of the total budgeted headcount for Fiscal 2019. As of January 2018, the actual headcount is 11,115 for uniform positions and 1,758 for civilian positions, with 10,050 correction officers. DOC Headcount Uniform Civilian 1,729 2,172 2,195 2,202 1,569 9,832 10,862 10,420 10,427 9,967 2016 Actual 2017 Actual 2018 Adopted 2018 Prelim 2019 Prelim Of the total budgeted headcount in the Fiscal 2019 Preliminary Budget, staff for the Jail Operations program area accounts for 85 percent and Administration – Management & Administration accounts 12
Finance Division Briefing Paper Department of Correction for six percent. This is because Jail Operations includes funding for the operations of the jails on Rikers Island and in the boroughs, which is a core function of DOC. Uniform Demographics Pursuant to a term and condition in the Fiscal Uniform Demographics 2018 Budget, the Department submits reports Asian detailing the demographics of uniformed 4% personnel, including gender and race. The most Latino Alaskan/N recent uniform demographic report indicates a 22% ative diverse workforce as of November 2017. American 1% Of the total uniform staff, 91 percent are African- Correction Officers (CO) and the rest are in American Unknown supervisory titles, which includes Captains, 61% 1% Assistant Deputy Wardens, Deputy Wardens, White Deputy Wardens in Command, and Warden. 11% DOC’s uniform workforce is comprised predominantly of African-American and Latino officers at approximately 83 percent, 11 percent are white, four percent are Asian, one percent are Alaskan or Native-American, and one percent are Unknown. Uniform Workforce & Overtime The chart below provides DOC’s budgeted uniform staff by rank and gender for Fiscal 2018. This compares the Fiscal 2018 budgeted headcount to actual headcount as of January 2018. Of note, DOC does not provide budgeted headcount by rank for the Fiscal 2019 Preliminary Plan. DOC Budgeted and Actual Headcount as of January 2018 Uniform Staff FY18 Budgeted HC Actual HC Female Male Correction Officer 9,264 10,050 40% 60% Captain 975 908 59% 41% Assistant Deputy Warden 123 90 60% 40% Deputy Warden 38 40 58% 42% Deputy Warden in Command 6 6 50% 50% Warden 21 21 67% 33% Total 10,427 11,115 42% 58% Source: Department of Correction DOC’s current budgeted uniform headcount is 10,427 positions, and as of January 2018, the Department has 688 more uniform staff than the budgeted amount. As the chart indicates, correction officers (CO) account for 90 percent of DOC’s actual uniform headcount as of January 2018. The Department’s CO headcount as of January 2018 is 786 positions above its budgeted headcount of 9,264 for Fiscal 2018. The chart also provides active uniform staff by gender, with 42 percent female and 58 percent male as of January 31, 2018. The chart below provides details on DOC’s actual uniform overtime spending and adopted uniform overtime budget, in relation to actual uniform headcount and adopted uniform headcount. For Fiscal 2018 and 2019, overtime and headcount numbers are planned as of the Preliminary Plan. The Department will not know the actual uniform overtime expenditure and actual uniform headcount 13
Finance Division Briefing Paper Department of Correction for Fiscal 2018 until the fiscal year closes. As of January 2018, DOC has spent $115.7 million, or 73 percent of its budgeted overtime. DOC’s actual overtime expenditure has consistently exceeded its adopted overtime budget, and the Department is on track to exceed its budget again. Uniform Overtime: Adopted vs. Actual $300,000 14,000 $250,000 12,000 9,832 10,862 8,922 9,109 10,336 10,420 9,967 10,000 $200,000 9,653 8,756 8,869 8,000 $150,000 6,000 $100,000 4,000 $50,000 2,000 $0 0 2014 2015 2016 2017 2018 2019 Adopted Overtime Budget Actual Overtime Expenditure Adopted Headcount Actual Headcount Historically, the DOC’s budget for uniform overtime has been an inaccurate projection of the Department’s actual year-end uniform overtime expenditures. Uniform overtime expenditures often increase due to DOC’s inability to staff all of its fixed posts on straight time. The Fiscal 2018 Budget adjusted City-funded uniform overtime starting in Fiscal 2018, by adding $52.1 million in Fiscal 2018 and $28.7 million in Fiscal 2019 and in the outyears. DOC’s uniform overtime budget as of the Preliminary Plan totals $158.3 million for Fiscal 2018, $144 million for Fiscal 2019, and $144.3 million for Fiscal 2020 and in the outyears. In the past, DOC under budgeted uniform overtime spending, and used excess straight time accruals to cover the shortage. With the revised baseline budget, the Department should be able to cover overtime spending with its overtime budget. According to OMB, however, this is an estimate and still may fluctuate based on unplanned events and changes. Even though uniform overtime budget has been right-sized, given DOC’s history of consistently overspending on uniform overtime, the effectiveness of the Department’s overtime control plan remains unclear. The top four reasons for overtime spending are “scheduled” (65 percent), “building” (seven percent), “other” (seven percent), and “medical” (five percent). Scheduled is defined as overtime caused by backfilling regularly scheduled posts; building is for uniform or civilian overtime due to maintenance, construction, or construction escorts; other is all overtime that does not fit into the other defined categories; and medical is for hospital runs, clinic, and outposts. The chart on the next page provides in detail uniform overtime reasons by category. 14
Finance Division Briefing Paper Department of Correction Fiscal 2018 Uniform Overtime by Category Building 7% Other 7% Medical Staff Shortage 5% 3% Suicide Watch 3% Security Programs 2% 3% Training 1% Special Occurrence Scheduled Inmate Movement 1% 65% 1% Administration 1% Investigations 1% Source: DOC Class Size and Attrition Beginning in 2015, DOC accelerated its hiring process and began scheduling three, rather than two, correction officer classes each year. The maximum class size has grown from 300 to more than 1,200. In November 2017, the Department graduated its largest uniform class, with a graduation headcount of 1,144. The next scheduled graduation dates are June and December 2018. As of January 2018, DOC does not have any uniform vacancies, but is 688 positions over its budgeted headcount. The Department’s attrition rate is 10.8 percent for uniform officers. Since the Department increased its class size, DOC included $100 million in its capital budget to build a new training academy. The chart below compares beginning class headcount to graduation head count. The chart indicates a growing uniform graduation headcount trend over the years. Uniform Class Graduation Headcount 1,400 1,200 1,000 800 600 400 200 0 Apr-13 Aug-13 Jan-14 Aug-14 Feb-15 Jun-15 Nov-15 May-16 Oct-16 May-16 Nov-17 Graduation Month Beginning 322 348 349 149 155 398 626 646 743 929 1,215 Graduation 306 340 342 140 144 363 592 621 710 901 1,144 15
Finance Division Briefing Paper Department of Correction Civilianizable Positions In the past, DOC assigned uniform staff to administrative and clerical duties, rather than filling those positions with civilian employees. As a result, not all uniform officers supported in DOC’s budget are available to staff security posts. According to DOC, the Department has faced difficulty filling the various clerical and administrative positions, especially those that are located on Rikers Island. To allow the Council to monitor civilian staff, the Council included a term and condition on the DOC’s Fiscal 2017 Budget that required regular staffing reports. As of December 2017, 53 uniform staff were assigned to civilian jobs, representing less than one percent of the Department’s 11,115 total uniform staff. In Fiscal 2017, there were 79 uniform staff performing civilian duties during the first three quarters of Fiscal 2016. In Fiscal 2016, there were 98 uniform staff performing civilian duties during the same reporting period. The Department has seen a 20 percent decrease in uniform staff working civilian functions since Fiscal 2016. However, DOC has 437 civilian vacancies for 2,195 budgeted positions as of January 2018. While the Department has improved in not assigning uniform staff to civilian positions, the 19.9 percent vacancy rate still raises a concern regarding how DOC plans to fill administrative and non-security functions in order to support its overall operations. Civilian Workforce & Overtime DOC has a history of struggling to fill its civilian positions. As a result, its actual civilian headcount has been under its budgeted headcount. The current civilian vacancy rate is 19.9 percent, with 437 vacancies in total for Fiscal 2018, as of the Preliminary Plan. The chart below provides details on DOC’s actual civilian overtime spending and adopted civilian overtime budget, in relation to actual and budgeted civilian headcount. For Fiscal 2018 and 2019, overtime and headcount numbers are planned numbers as of the Fiscal 2019 Preliminary Budget. The Department will not know the actual civilian overtime expenditure and actual uniform headcount for Fiscal 2018 until the fiscal year closes. Additionally, while adopted overtime budget does not change from year to year, the Department is spending well over its budgeted civilian overtime. Civilian Overtime: Adopted vs. Actual $30,000 2,500 2,182 2,172 2,202 $25,000 2,000 1,889 $20,000 1,729 1,571 1,618 1,569 1,500 1,353 1,418 $15,000 1,000 $10,000 500 $5,000 $0 0 2014 2015 2016 2017 2018 2019 Adopted Overtime Budget Actual Overtime Expenditure Adopted Headcount Actual Headcount On average, the Department spent $12.7 million more than the adopted budgets of approximately $6.8 million from Fiscal 2014 to 2017. However, civilian overtime budget has not been adjusted to 16
Finance Division Briefing Paper Department of Correction reflect the actual expenditure from plan to plan, raising concerns whether DOC is accurately budgeting for its civilian workforce. Additionally, DOC has spent $12.9 million in civilian overtime as of January 2018, which is already $6.1 million above the budgeted amount. Considering this, it is clear that overtime control measures for its civilian workforce has to be in place, similar to how the Department rightsized uniform overtime. 17
Finance Division Briefing Paper Department of Correction Program Areas DOC’s functions are broken down into seven program areas as illustrated in the Financial Summary chart on page 3 and listed below. These program areas are funded with a combination of City tax-levy funds and other resources. The budget of each is discussed in the sections that follow. Jail Operations Operations – Rikers Security & Operations Operations – Infrastructure & Environmental Health Health and Programs Operations – Hospital Prison Ward Administration – Academy and Training Administration – Management and Administration Jail Operations Jail Operations includes funding for the operations of the jails on Rikers Island and in the boroughs, custody of inmates at the various court pens, and transportation of inmates from DOC facilities to and from court. Approximately 85 percent of the Department’s total staff is budgeted in this program area. Because Jail Operations does not have its own set of U/A pairs, it gives the Department flexibility to shift funding throughout the year. However, for transparency, each program area should have its own set of U/A pairs. Jail Operations Budget $1,200,000 12,000 $1,000,000 10,000 $ in Thousands $800,000 8,000 $600,000 6,000 $400,000 4,000 $200,000 2,000 $0 0 2016 Actual 2017 Actual 2018 Adopted 2018 Prelim 2019 Prelim PS $946,865 $953,334 $1,115,938 $1,108,973 $1,081,708 OTPS $88,793 $85,698 $86,807 $90,951 $83,341 Headcount 8,999 9,391 10,799 10,816 10,351 The Department’s Fiscal 2019 Preliminary Budget for Jail Operations decreases by $37.7 million, or three percent, when compared to the Fiscal 2018 Adopted Budget. The PS budget decreases by $34.2 million and the OTPS budget decreases by $3.5 million. The decrease in the PS is largely attributable to a $30.9 million decrease in uniform full-time salary and $14.2 million decrease in uniform overtime. This is due to the closure of GMDC on Rikers Island. The budgeted headcount decreases by 448 positions when compared to the Fiscal 2018 Adopted Budget. This is due to a reduction of 472 uniform positions, but this is offset by an increase of 24 civilian positions. 18
Finance Division Briefing Paper Department of Correction Financial Plan Actions Close GMDC Jail on Rikers Island. DOC will realize $10.2 million in Fiscal 2018 and $55.2 million and decrease of 698 uniform positions in Fiscal 2019 and in the outyears in savings due to the Department’s plans to close GMDC by end of Fiscal 2018. This reduction factored in the current operating level at GMDC, and the requirement under the Nunez agreement to move 18-year-olds out of GMDC. According to the Department, current GMDC uniform staff will be redistributed and transferred to other facilities once the Department starts transferring the 18-year-old inmates. Additional Posts in Specific Housing Areas. The Preliminary Plan includes $8.2 million in Fiscal 2018 and $14 million and 186 headcount in Fiscal 2019 and in the outyears for additional active supervision posts in the Brooklyn Detention Complex (BKDC); the Vernon C. Bain Center (VCBC); the Robert N. Davoren Center (RNDC); the Anna M. Kross Center (AMKC); and the North Infirmary Command (NIC). Of the total headcount, 184 are COs and two civilian positions are liaison positions within the Department’s Office of Policy Compliance (OPC). The additional uniform posts are to comply with the State Commission’s standards. CARE Unit Expansion. The Preliminary Plan includes $1.2 million and 13 positions in Fiscal 2018 and $1.1 million and 13 positions in Fiscal 2019 and in the outyears to expand the Correction Assistance Response for Employees (CARE) Unit. Of the total budget, $70,000 in Fiscal 2018 and $10,000 in Fiscal 2019 and in the outyears supports the Jail Operations program area. The other program area that is impacted is Administration – Management and Administration. Funding for Jail Operations is for IT equipment and outfitting of cubicles for new staff. The CARE Unit primarily provides support, comfort, and resources to staff who may be experiencing personal or family issues. The CARE Unit also provides referrals to community resources as an additional source for employees to attain further assistance when coping with unexpected situations. According to the Department, the additional funding is to provide additional support to DOC staff as part of the Mayor’s “Smaller, Safer, Fairer” roadmap, which laid out plans to expand support services for COs. See pg. 12 for additional details on the roadmap. Improve Outcomes for Women in Jails. The Preliminary Plan includes $1.6 million and eight positions in Fiscal 2019 and in the outyears to fund programs to improve outcomes for women in jail. Of the $1.6 million, $589,000 and eight positions are for Jail Operations program area, and $1 million is for Health and Programs. The eight positions are for three uniform staff, and five civilian staff that consists of a counselor, social workers, and a position that will oversee programming specifically for the female inmate population. This is a multi-agency effort to better assist incarcerated women. See pg. 28 for more details. Visitor Transportation to Rikers Island. The Preliminary Plan includes $845,000 and 17 headcount in Fiscal 2018, and $1.7 million and 17 (three supervisors and 14 motor vehicle operators) headcount in Fiscal 2019 and in the outyears to expand transportation to Rikers Island for visitors, that is part of the Mayor’s “Smaller, Safer, Fairer” roadmap to closing Rikers Island. Working with the Department of Transportation (DOT), the Department identified two hubs, one in downtown Brooklyn and the other in upper Manhattan, where the buses will operate to transport visitors to and from Rikers. 19
Finance Division Briefing Paper Department of Correction PMMR Performance Measures One of DOC’s services is to provide a safe and On-trial inmates delivered to secure environment for inmates, staff, and host court on-time communities. As part of the service, one of the *FY18 is 4-month actual Department’s goals is to ensure timely transport 98.40% 98.20% of inmates to courts throughout the City. From 94.20% Fiscal 2014 to 2016, on-time delivery to inmates 90.90% to courts declined, but DOC achieved a 14.4 84.00% percentage point improvement of up to 98.4 percent in Fiscal 2017. The Department faced court production challenges over the past few years, but the Department placed a major focus FY14 FY15 FY16 FY17 FY18* on production beginning in late Fiscal 2016, dedicating a Bureau Chief to the initiative. Through various efforts, DOC exceeded its target of 95 percent on-time court arrivals. In times when it is anticipated that an inmate will be late for a scheduled court appearance, DOC notifies the judges to allow for other business to proceed before the inmate arrives. During the first four months of Fiscal 2018, on-time court delivery remained stable at 98.2 percent, exceeding the Department’s target of 95 percent. DOC continues to put in efforts toward surveillance and monitoring of on-trial inmates, ongoing communication between the Transportation Division and facility managers, and high frequencies of bus departures to maintain the level of timely court transportation. Operations – Rikers Security and Operations This program area is responsible for providing operational security throughout all of the Department’s facilities. It includes the Emergency Service Unit, the tactical team on call 24 hours a day for critical situations; the Tactical Search Operation to assist in maintaining order and retrieving inmate contraband; and the Rapid Response Team, for heightened security alerts on Rikers Island such as inmate escape attempts or potential riot situations. Operations - Rikers Security & Operations Budget $45,000 450 $40,000 400 $35,000 350 $ in Thousands $30,000 300 $25,000 250 $20,000 200 $15,000 150 $10,000 100 $5,000 50 $0 0 2016 Actual 2017 Actual 2018 Adopted 2018 Prelim 2019 Prelim PS $40,381 $41,603 $28,223 $28,223 $28,223 OTPS $4,313 $5,008 $4,526 $7,565 $4,526 Headcount 314 334 339 339 339 20
Finance Division Briefing Paper Department of Correction The Department’s Fiscal 2019 Preliminary Budget for Operations – Rikers Security and Operations remains at $32.8 million from the Fiscal 2018 Adopted Budget. Of the $32.8 million, the PS budget accounts for 86 percent of the budget. Operations – Rikers Security and Operations is solely funded through CTL funding. The budgeted headcount also remains unchanged at 339 positions since the Adopted Budget. PMMR Performance Measures One of DOC’s service area is to provide a safe and secure environment for inmates, staff and host communities. The performance indicators below pertain to this service, with the goal of ensuring the security and safety of inmates in DOC custody. The percentage of the population in a Security Risk Inmates in SRG Group (SRG) has increased over the past few years. *FY18 is 4-month actual The percentage of SRG has risen from 13.3 percent 14.70% 14.90% in Fiscal 2016 to 14.7 percent in Fiscal 2017. The 13.30% chart on the right also indicates that during the first 11.80% four months of Fiscal 2018, the percentage of DOC population in SRG was 14.9 percent, or 0.5 8.20% percentage points higher when compared to the same reporting period in Fiscal 2017. According to the Fiscal 2017 Mayor’s Management Report (MMR), SRG-affiliated inmates have historically been disproportionately involved in violence, and were involved in nearly 70 percent of incidents and 71 percent of stabbings/slashings in Fiscal 2017. FY14 FY15 FY16 FY17 FY18* SRG population, coupled with the increase in contraband smuggling, have contributed to an increase in stabbings and slashings from 131 in Fiscal 2016 to 165 in Fiscal 2017. The Department has also been enhancing its Searches of Contraband contraband search efforts. Searches increased by *FY18 is 4-month actual 3.8 percent from Fiscal 2016 to 2017, and resulted in a 17.1 percent increase in weapons recovered. 251,343 255,776 246,822 237,757 DOC has added new surveillance cameras, improved technology and heightened front gate procedures, including enhanced search tactics. The use of contraband detectors for inmate 93,979 searches, as well as the use of more canine searches, for both visitor and inmate searches have contributed to a higher contraband recovery rate. However, the detection of small blades and FY14 FY15 FY16 FY17 FY18* other hard-to-find weapons can best be accomplished through the utilization of body scanner technology, which currently remains prohibited for non-medical use by New York State law. The State Commission of Correction released a report with findings that despite reform efforts, violence on Rikers Island has increased (see pg. 15 for details). It is clear from PMMR data that in order for DOC to tackle its ongoing violence problems, the Department needs legislation changes at the State level. During the first four months of Fiscal 2018, the Department increased searches by 21 21
You can also read